Malaysia legislation
Section 11B
Section 11B
(a)
sustaining an injury in the course and arising out of performing his official duty or due to a travel accident; or
(b)
contracting a disease from his working environment, he shall be entitled, in addition to his pension and gratuity, to a disability pension computed as a fraction of his salary as follows:
Degree of Impairment
Rate Payable
Slightly impaired … … … … … … …
1/12
Impaired … … … … … … … … …
1/6
Materially impaired … … … … … …
1/4
Totally impaired … … … … … … …
1/3
Judges’ Remuneration 19
(2)
Notwithstanding subsection (1), a Judge appointed prior to the date following the date of publication of the Judges’ Remuneration
(Amendment) Act 1984 [Act A609] in the Gazette shall elect in writing within six months of the date following the date of such publication whether he, his dependants or personal representatives, shall be granted either—
(a)
the death and disablement benefits provided as appropriate under paragraph 13 of the Second Schedule; or
(b)
the disability pension and dependant’s pension provided as appropriate under this section and section 11C respectively, in the event of his death or his sustaining an injury in the circumstances referred to in subsection (1)(a) as a result of an accident referred to in paragraph 13 of the Second Schedule, and if he does not so elect, paragraph 13 of the Second Schedule shall continue to apply to his case.
(3)
Subject to subsection (2), where a Judge referred to in subsection (1) had sustained such injury in a security area proclaimed under section 47 of the *Internal Security Act 1960 [Act 82], the fractions specified in subsection (1) shall be read as if there had been substituted in that subsection wherever they occur 1/8 for 1/12, 1/4 for 1/6, 3/8 for 1/4 and 1/2 for 1/3.
(4)
No Judge shall qualify for a disability pension under this section unless the impairment in question is permanent, as determined by a board of medical officers constituted for that purpose under section 8A.
(5)
For the purpose of subsection (1), “injury” or “disease” means injury or disease which is not due to, or which is not aggravated or contributed by, negligence or misconduct on the part of the Judge concerned.
(6)
For the purposes of this section and section 11C, “salary” means the salary of the Judge as specified in the First Schedule at the time of sustaining the injury or contracting the disease.
*NOTE—The Internal Security Act 1960 [Act 82] has since been repealed by the Security Offences
(Special Measures) Act 2012 [Act 747]‒see section 32 of Act 747.
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(7)
Where a Judge appointed on or after the date following the date of publication of the Judges’ Remuneration (Amendment) Act 1984 in the Gazette sustains an injury in the circumstances referred to in paragraph (1)(a), he shall be entitled to a disability pension only under this section and he shall not have any right of election under subsection (2) to be granted the death and disablement benefits provided as appropriate under paragraph 13 of the Second Schedule.
Dependant’s pension